The Branches of Government
Declaring war is this type of power
What is an expressed/enumerated power?
These powers are clearly listed or numbered in the Constitution.
What are expressed (or enumerated) powers?
Protects your freedoms of speech, religion, assembly and petition.
What is the First (1st) Amendment?
This is the authority of a president to refuse to sign bills into law.
What is veto power?
Making or enforcing laws is an example of what type of power?
What are concurrent powers?
These powers are not clearly written in the Constitution, but are suggested, as many laws are "necessary and proper" to the function of government (e.g. the power to print postage stamps).
What are implied powers?
Protects against unreasonable (warrantless) searches and seizures (unless reasonable suspicion or probable cause exists).
What is the Fourth (4th) Amendment?
This is a change to the Constitution, which requires a supermajority (2/3) of Congress or states to propose and a 3/4 majority of states to ratify (approve).
What is an amendment?
This branch of government can check the legislative branch by declaring a law to be unconstitutional. Which branch is this?
What is the judicial branch?
These are powers that either the federal or state governments do not have (e.g. the states may not coin/print money or establish armies).
What are denied powers?
Protects the rights of the accused (including the right to grand jury indictment, the right not to testify against oneself, and due process).
What is the Fifth (5th) Amendment?
This is the division of power between a central (national or federal) government and regional (state and local) government.
What is federalism?
This amendment says that whichever powers are not given to the federal government are given to states or to the people. Which amendment is it?
What is the 10th amendment?
These powers belong to both federal and state governments (e.g. the powers to collect taxes, make and enforce laws, and establish courts).
What are concurrent (or shared) powers?
Protects against excessive fines and bail and against cruel or unusual punishments.
What is the Eighth (8th) Amendment?
This clause declares the Constitution (and federal law) to be the supreme law of the land (i.e. constitutional/federal law trumps state law).
What is the supremacy clause?
What is issuing a veto or calling a special session of Congress?
All powers not belonging to the federal government but to the states (e.g. the powers to establish schools and set speed limits).
What are reserved powers?
Protects the rights of those on trial (including a speedy, public jury trial of one's peers; access to an attorney; and the rights to obtain and confront witnesses for and against).
What is the Sixth (6th) Amendment?
This section of the Constitution says that the federal government can expand its powers to include things that are not listed in the Constitution.
What is the necessary and proper/elastic clause?